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Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.
Yes, if the £160 was incurred due to the CCJ being made, you then get the CCJ set aside then you can demand the £160 back from them - if they refuse then you can sue for that sum at http://www.moneyclaim.gov.uk which would cost £25 for the court issue fee (total claim therefore £185). The setting aside of the CCJ means it is as if it was never made - it comes off the credit registers too. You shouldn't be out of pocket for anything.
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Yes, sorry - yes it does apply to them, thanks
They can't recover costs in a claim of this size, so a baseless threat there. You could pursue the claimant for the sum - it is an incidental expense which shouldn't have been incurred.
SO if you send the claimant a letter before action, give them 30 days to pay, if they do not then you can issue for the money back
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If the claimant sued for the £3,000 and the agent simply collected it, it has gone back to the claimant. It's the claimant who needs to be pursued in my view.
OK, the reason you lost this though is due to the claimant's action. If you sue the claimant, they may counter sue the agency (they have a contract with each other)
Yes, the claimant owes the money given that the CCJ has been set aside. They should never have sued you. You paid £3000 as a result of the CCJ. The agent should repay the 3000 to the claimant but the claimant is liable here
Does this clarify?
no problem, have a good evening